ITC VerifyNow System Platelet Reactivity Test - Manual (Page 5)

Page 1 14439.C 03/2013 VerifyNow System User Manual | USA
Accumetrics Standard Terms and Conditions
Limited Warranty and Disclaimer. Accumetrics warrants, to the original Buyer only (i.e. the entity that purchased Products
directly from Accumetrics or from an authorized distributor of Accumetrics Products) that for a period of one (1) year following
the time of the delivery of the Products to a carrier, the Products (a) shall conform, in all material respects, to the specifications
for such Products as set forth in the accompanying Product documentation and (b) have received all governmental approvals
necessary for sale of such Product for the use it is intended for, as such intended use is described in the accompanying Product
documentation. The foregoing warranty is non-transferable and shall be inapplicable and void for any entity other than Buyer
(or a permitted assignee of Buyer as expressly set forth herein), and shall also be inapplicable and void if the Product has been
subjected to: (i) physical abuse, misuse, abnormal use, or use not consistent with the accompanying Product documentation, (ii)
modification by anyone other than Accumetrics or third parties designated by Accumetrics; (iii) tampering, unusual physical stress,
negligence or accidents; or (iv) improper packaging of returns. OTHER THAN AS WARRANTED UNDER THIS SECTION, THE
PRODUCTS ARE PROVIDED “AS IS.” ACCUMETRICS MAKES NO OTHER WARRANTIES RELATING TO THE PRODUCTS,
EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR
A PARTICULAR PURPOSE OR MERCHANTABILITY.
Limitation of Liability. IN NO EVENT SHALL ACCUMETRICS BE LIABLE TO BUYER OR ANY THIRD PARTIES FOR
ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, CONTINGENT, STATUTORY OR ANY OTHER SPECIAL DAMAGES.
ACCUMETRICS’S LIABILITY FOR DAMAGES ON ACCOUNT OF A CLAIMED DEFECT IN ANY PRODUCT DELIVERED BY
ACCUMETRICS SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT ON WHICH THE CLAIM IS
BASED. SPECIFICALLY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACCUMETRICS SHALL NOT
BE RESPONSIBLE OR LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR ANY CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, CONTINGENT, STATUTORY OR ANY OTHER SPECIAL DAMAGES FOR ANY BREACH OF
WARRANTY OR OTHER BREACH OF ACCUMETRICS’S OBLIGATIONS UNDER THIS AGREEMENT. ACCUMETRICS SHALL
NOT BE LIABLE FOR DAMAGES RELATING TO ANY INSTRUMENT, EQUIPMENT, OR APPARATUS WITH WHICH THE
PRODUCT SOLD UNDER THIS AGREEMENT IS USED.
Copyright © 2013 Accumetrics. All Rights Reserved. US Pat. D 409,758 and others pending.